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H. B. No. 38As IntroducedAs Introduced
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Willamowski, Hagan, McGregor, Seitz, Setzer, Schaffer, Buehrer
A BILL
To amend section 4165.02 of the Revised
Code to make
the performance of a service for
compensation
without a required license,
certificate, permit, or
registration a deceptive
trade
practice and to create
a civil cause of action
for
injunctive relief and
damages under the
Deceptive
Trade Practices Law
against a person who
performs a service without a
required license,
certificate, permit, or
registration.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4165.02 of the Revised
Code be
amended to read as follows:
Sec. 4165.02. (A) A person engages in a deceptive trade
practice when, in the course of the person's business,
vocation,
or
occupation, the person does any of the following: (1) Passes off goods or services as those of another; (2) Causes likelihood of confusion or misunderstanding as
to
the source, sponsorship, approval, or certification of goods
or
services; (3) Causes likelihood of confusion or misunderstanding as
to
affiliation, connection, or association with, or certification
by,
another; (4) Uses deceptive representations or designations of
geographic origin in connection with goods or services; (5) Lists a fictitious business name in a local
telephone
directory that is published on or after
the effective date of
this
amendment
March 30, 1999, in circumstances
in which all of the
following apply: (a) The person's fictitious business
name is not registered
as a trade name with, or its use as a
fictitious name has not been
reported to, the secretary of state
under sections 1329.01 to
1329.10 of the
Revised
Code. (b) The person's listed fictitious
business name
misrepresents the geographic location of the
person, because that
name includes a reference to a political
subdivision or another
geographic area of this state,; the person
does not have business
premises in that political subdivision or
other geographic area
from which the person sells,
leases, rents, or otherwise provides
particular
goods or services in this state,; and the person's use
of that
name causes a likelihood of confusion or misunderstanding
by consumers as to
the geographic location with which the
consumers are
dealing in the purchase, lease, rental, or other
provision
of, or will be dealing in the resolution of problems
that may
arise in connection with, particular goods or services. (c) The local telephone
directory listing of the person's
fictitious business name does not identify
the political
subdivision
and, if the person is not located in this state, the
state in
which are located the person's business premises
with
which consumers are dealing in the purchase,
lease, rental, or
other provision of, or will be dealing in the
resolution of
problems that may arise in connection with,
particular goods or
services. (d) Telephone calls to the
local telephone number listed for
the person's fictitious business name
routinely are forwarded or
otherwise transferred to business premises of the person that
are
located outside the calling area covered by the local
telephone
directory. (6) Lists a fictitious business name in a directory
assistance database on or after
the effective date of this
amendment
March 30, 1999, the circumstances
described in divisions
(A)(5)(a)
and (b) of this section apply regarding the
person's
listed fictitious business name, and telephone calls to
the local
telephone number listed for the person's fictitious business name
routinely are
forwarded or otherwise transferred to business
premises of the
person that are located outside the local calling
area; (7) Represents that goods or services have sponsorship,
approval, characteristics, ingredients, uses, benefits, or
quantities that they do not have or that a person has a
sponsorship, approval, status, affiliation, or connection that
the
person
does not have; (8) Represents that goods are original or new if they are
deteriorated, altered, reconditioned, reclaimed, used, or
secondhand; (9) Represents that goods or services are of a particular
standard, quality, or grade, or that goods are of a particular
style or model, if they are of another; (10) Disparages the goods, services, or business of
another
by false representation of fact; (11) Advertises goods or services with intent not to sell
them as advertised; (12) Makes false statements of fact concerning the reasons
for, existence of, or amounts of price reductions; (13) Advertises goods or services with intent not to
supply
reasonably expectable public demand, unless the advertisement
discloses a limitation of quantity; (14) Performs for or with the expectation of compensation,
whether directly or indirectly received, a service for which a
license, certificate, permit, or registration is required,
including licenses, certificates, permits, or registrations
required under Chapters 917., 921., 926., 927., 943., 1321.,
1322.,
3710., 3723., 3742., 3748., 3773., 3905., 3951., 3959.,
4701.,
4703., 4705., 4707., 4709., 4710., 4712., 4713., 4715.,
4717.,
4719., 4723., 4725., 4727., 4728., 4729., 4730., 4731.,
4732.,
4733., 4734., 4735., 4736., 4737., 4738., 4739., 4740.,
4741., 4747.,
4749., 4751., 4753., 4755., 4757., 4759., 4760.,
4761., 4762.,
4763., 4765., 4766., 4771., 4773., 4775., 4777., 4779., and
5104. of the
Revised Code, while not holding a current and valid
license,
certificate, permit, or registration. (B) In order to prevail in a civil action
under
section
4165.03 of the Revised Code
that seeks injunctive relief or an
award
of damages and that is based on one or more deceptive trade
practices listed
in division (A) of this section, a complainant
need not prove
competition between
the parties to the civil
action. (C) This section does not affect unfair trade practices
that
are otherwise actionable at common law or under other sections of
the
Revised Code. (D) A telephone company, provider of directory assistance,
publisher
of a local telephone directory, or officer, employee, or
agent of the company,
provider, or publisher shall not be liable
in a civil action under section
4165.03 of the Revised Code for
publishing in any directory
or directory assistance database the
listing of a
fictitious business name of a person who commits a
deceptive trade practice
that is listed in division (A) of this
section unless the telephone
company, provider of
directory
assistance, publisher of a local telephone directory, or officer,
employee, or agent of the company, provider, or publisher is the
person who
committed the deceptive trade practice listed in
division (A) of this
section.
Section 2. That existing section 4165.02 of the
Revised Code
is hereby repealed.
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